Disposed

M.Shahul Hameed, v. the Tahsildar

Kerala HC11 Jul 2024WP(C)/18368/2022

Case brief

AI extract

What is this about?

Landowners in Peroorkada Village sought a direction to revenue authorities to accept land revenue refused since 2009-10 on the ground that a portion of their property was puramboke land. The Court directed the Tahsildar and Village Officer to decide after hearing parties and examining survey records, title deeds and connected records, within six months.

What did the court decide?

Direction to respondents 1 and 2 to decide the request to accept land revenue after hearing parties and perusing survey and title records, within six months.

M.Shahul Hameed, Vs the Tahsildar — Land Acquisition | Kerala HC (2024)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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THURSDAY, THE 11^TH DAY OF JULY 2024 / 20TH ASHADHA, 1946 WP(C) NO. 18368 OF 2022

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PETITIONER:

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M.SHAHUL HAMEED,
AGED 78 YEARS
S/O. MOHAMMED KUNJU, KOVIL VILA, VARA 312, ARAPPURA ROAD,
VATTIYOORKAVU, THIRUVANANTHAPURAM- 695 013.
BY ADVS.
S.VINOD BHAT
ANAGHA LAKSHMY RAMAN
GREESHMA CHANDRIKA.R

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RESPONDENTS:

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1 THE TAHSILDAR, THIRUVANANTHAPURAM TALUK OFFICE, THIRUVANANTHAPURAM FORT, THIRUVANANTHAPURAM- 695 023.

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2 VILLAGE OFFICER, PEROORKADA VILLAGE, PEROORKADA, THIRUVANANTHAPURAM- 695 013.

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3 STATE OF KERALA, REPRESENTED BY ITS LAND REVENUE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM- 695 001.

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OTHER PRESENT:

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SRI.RAJEEV JYOTHISH GEORGE-GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2024, ALONG WITH WP(C).2936/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 2

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

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THURSDAY, THE 11^TH DAY OF JULY 2024 / 20TH ASHADHA, 1946

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WP(C) NO. 2936 OF 2021

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PETITIONERS:

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1 MYMOONATH AGED 74 YEARS WIFE OF MOHAMMED ABDULLA, JAWAD NIVAS, VATIYOORKAVU, THIRUVANANTHAPURAM - 695 013.

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2 JAWAD M. AGED 57 YEARS SON OF MOHAMMED ABDULLA, JAWAD NIVAS VATTIYOORKAVU, THIRUVANANTHAPURAM - 695 013.

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3 RASLATH AGED 62 YEARS DAUGHTER OF FATHIMA BEEVI, RAMEES MANZIL, PAYIKUZHI, OACHIRA P.O., KOLLAM - 690 526.

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4 SEENATH AGED 60 YEARS D/O.FATHIMA BEEVI, KANDANKERI THEKKATHIL, ARATTUPUZHA NORTH, ALAPPUZHA - 690 515.

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5 MUBEENA AGED 56 YEARS D/O.FATHIMA BEEVI, NADALAKAL HOUSE, PERINGALA P.O., KAYAMKULAM, PIN - 690 559.

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6 TAJUNNISSA AGED 55 YEARS WIFE OF ABDUL HAMEED, MUNDUKARIYIL KURAKOSE, THONAKKAL, THIRUVANANTHAPURAM DIST., PIN - 695 317.

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7 MUBARAK AGED 53 YEARS S/O.FATHIMA BEEVI, HIRA, KIZHAKKANELA, PARIPPALLY, KOLLAM - 691 574.

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8 MUHAMMADDIRSHAD AGED 50 YEARS S/O.FATHIMA BEEVI, SEENATH MAHAL, KIZHAKKANELA, PARIPPALLY, KOLLAM - 691 574.

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9 NAZIRUDHEEN AGED 70 YEARS S/O.SALMA BEEVI, T.C.33/286, NAZIR MANIL, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM - 695 013.

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10 MYDEEN MALUK MOHAMED S/O.PAKKEER MOHAMMED, T.C.6/166-A, NAMBAVANKAVU, KODUNGANOOR P.O., THIRUVANANTHAPURAM - 695 013.

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11 JAHUBER PAKKER ARSHATH AGED 47 YEARS S/O.PAKKEER MOHAMMED, T.C.6/166-1, NAMBAVANKAVU, KODUNGANOOR P.O., THIRUVANANTHAPURAM - 695 013.

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12 ASHIYA BEEVI AGED 45 YEARS D/O.PAKKEER MOHAMMED, T.C.6/166-1, NAMBAVANKAVU, KODUNGANOOR

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 3

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P.O., THIRUVANANTHAPURAM - 695 013.

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13 SALMA BEEVI AGED 36 YEARS

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D/O.PAKKEER MOHAMMED, T.C.6/166-1, NAMBAVANKAVU, KODUNGANOOR P.O., THIRUVANANTHAPURAM - 695 013.

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14 ABUBAKER

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AGED 74 YEARS S/O.MOHAMED KUNJU, HASEEM, VATTIYOORKAVU P.O., THIRUVANANTHAPURAM - 695 013.

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15 RAHUMA BEEVI AGED 68 YEARS

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WIFE OF MOHAMED KUNJJU, MOURYA, PADA NORTH, KARUNGAPPALLY, KOLLAM - 690 518.

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BY ADVS. S.VINOD BHAT KUM.ANAGHA LAKSHMY RAMAN SMT.GREESHMA CHANDRIKA.R

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RESPONDENTS:

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1 THE TAHSILDAR, THIRUVANANTHAPURAM TALUK OFFICE THIRUVANANTHAPURAM FORT, THIRUANANTHAPURAM - 695 023.

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2 VILLAGE OFFICER PEROORKADA VILLAGE, PEROORKADA, THIRUVANANTHAPURAM - 695 013.

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3 STATE OF KERALA REPRESENTED BY ITS LAND REVENUE SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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BY ADV ADVOCATE GENERAL OFFICE KERALA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2024, ALONG WITH WP(C).18368/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 4

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JUDGMENT

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Dated this the 11^th day of July, 2024.

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Both these Writ Petitions are connected. The petitioners are owners of landed property in Peroorkada Village, Thiruvananthapuram District. They have been paying land revenue for the said properties belonged to them till 2009-2010. However, thereafter the 2^nd respondent refused to accept land revenue from the petitioners on the ground that portion of their property is a puramboke land. It is in these circumstances, the petitioners have filed the above Writ Petitions mainly seeking relief to give direction to the 1^st and 2^nd respondents to accept land revenue from the petitioners in respect of their properties.

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I have heard the learned counsel for the petitioners and

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Sri. Rajeev Jyothish George, the learned Government Pleader.

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It is not in dispute that the petitioners have been paying

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land revenue in respect of their properties till 2009-2010. Thereafter, the land revenue was not accepted from them stating that a portion of the property belonged to them is a puramboke land. Ext.P57 in

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 5

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WP(C) No. 2936 of 2021 would show that the District Collector, Thiruvanathapuram issued a letter to the District Survey Superintendent, Thiruvanathapuram to measure the property in Survey No.3397, which comprises the property of the petitioners based on the survey records and report whether there is an encroachment by the petitioners into the puramboke land. The District Surveyor gave reply to the District Collector stating that, the re-survey of the properties in the above mentioned village was over and records of the same have been handed over to revenue administration. It was stated that the Tahsildar (LR) can take a decision on encroachment of puramboke land and the title deed of the parties, on the basis of the resurvey records.

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Since the respondent refused to accept land revenue of

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the petitioners on the ground that a portion of the property is a puramboke land, the respondents have to find out from the available records whether any portion of the property claimed by the petitioners fall within the puramboke land. If the respondents find that, no portion of the property belonging to the petitioners falls within the puramboke land, definitely, the respondents are bound to accept land revenue from the petitioners.

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 6

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Hence, this Writ Petition is disposed of with a direction to

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the respondents 1 and 2 to take a decision on the request of the petitioners to accept the land revenue from them after hearing them as well as the affected parties and also perusing available survey records, title deeds and other connected records. The respondents 1 and 2 shall take a decision within a period of six months in accordance with law.

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Writ Petitions are disposed of as above.

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Sd/-

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Dr.KAUSER EDAPPAGATH

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JUDGE

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mus

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 7

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APPENDIX OF WP(C) 18368/2022

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PETITIONER EXHIBITS Exhibit P1 COPY OF RELEASE DEED NO. 1307/1998 DATED 17.06.1998. Exhibit P2 COPY OF RELEASE DEED NO. 3518/2003 DATED 22.12.2003. Exhibit P3 COPY OF BASIC TAX RECEIPT NO. 1655278 DATED 12.10.2006 ISSUED BY VILLAGE OFFICER, PEROORKADA. Exhibit P4 COPY OF BASIC TAX RECEIPT NO. 306278 DATED 28.09.2004 ISSUED BY VILLAGE OFFICER, PEROORKADA. Exhibit P5 COPY OF SKETCH. Exhibit P6 COPY OF THE ORDER DATED 25.03.2022 IN W.P(C) NO. 2936/2021 OF HIGH COURT OF KERALA.

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 8

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APPENDIX OF WP(C) 2936/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	COPY OF CHART CO-RELATING EXHBITS IN A TABULAR FORMAT.
EXHIBIT P2	COPY OF THE EXCHANGE DEED NO.1197/2005 DATED 21.03.2005
EXHIBIT P3	COPY OF PARTITION DEED NO.398/2004 DATED 03-02-2004.
EXHIBIT P4	COPY OF RELEASE DEED NO.3520/2003 DATED 22-12-2003.
EXHIBIT P5	COPY OF RELEASE DEED NO.3517/2003 DATED 22/12/2003.
EXHIBIT P6	COPY OF RELEASE DEED NO.3516/2003 DATED 22/12/2003.
EXHIBIT P7	COPY OF RELEASE DEED NO.3519/2003 DATED 22/12/2003.
EXHIBIT P8	COPY OF SETTLEMENT DEED NO.88/1969 DATED 08/01/1969.
EXHIBIT P9	COPY OF EXCHANGE DEED NO.72/1978 DATED 09/01/1978.
EXHIBIT P10	COPY OF RELEASE DEED NO.1309/1998 DATED 17/07/1998.
EXHIBIT P11	COPY OF PARTITION DEED NO.2503/1998 DATED 11/09/1998.
EXHIBIT P12	COPY OF RELEASE DEED NO.1311/1998 DATED 17/06/1998.
EXHIBIT P13	COPY OF RELEASE DEED NO.1310/1998 DATED 17-06-1998.
EXHIBIT P14	COPY OF RELEASE DEED NO.1310/1998 DATED 17/06/1998.
EXHIBIT P15	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 1ST PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.17257) DATED 30/10/2020.
EXHIBIT P16	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 2ND PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.17258) DATED 30/10/2020.
EXHIBIT P17	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 13TH PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.17261) DATED 30/10/2020.
EXHIBIT P18	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 14TH PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.17262) DATED 30/10/2020.
EXHIBIT P19	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 15TH PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.17263) DATED 30/10/2020.
EXHIBIT P20	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 13TH PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.13370) DATED 30/10/2020.
EXHIBIT P21	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 14TH PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.13371) 30/10/2020.
EXHIBIT P22	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 13TH PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.13372) DATED 30/10/2020.
EXHIBIT P23	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 1ST PETITIONER & OTHERS ISSUED BY 2ND RESPONDENT (THANDAPER NO.13374) DATED 30/10/2020.
EXHIBIT P24	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 15TH PETITIONER ISSUED BY 2ND RESPONDENT (THANDAPER NO.13376) DATED 30/10/2020.
EXHIBIT P25	COPY OF TRANSFER OF REGISTRY IN RESPECT OF THE PROPERTY OF 14TH PETITIONER ISSUED BY 2ND

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 9

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	RESPONDENT (THANDAPER NO.13377) DATED 30/10/2020.
EXHIBIT P26 EXHIBIT P27	COPY OF BASIC TAX REGISTRY IN RESPECT OF THE PROPERTY OF KADEEJA UNNAK & SALMA BEEVI(THANDAPER NO.13370) ISSUED BY 2ND RESPONDENT DATED 30/10/2020. COPY OF BASIC TAX REGISTER IN RESPECT OF THE PROPERTY OF 14TH PETITIONER (THANDAPER NO.13371) ISSUED BY 2ND RESPONDENT DATED 30/10/2020.
EXHIBIT P28	COPY OF BASIC TAX REGISTER IN RESPECT OF THE PROPERTY OF KADEEJA UMMAL & SALMA BEEVI (THANDAPER NO.13372) ISSUED BY 2ND RESPONDENT DATED 30/10/2020.
EXHIBIT P29	COPY OF BASIC TAX REGISTER IN RESPECT OF THE PROPERTY OF MYMOONATH & OTHERS (THANDAPER 13374 ISSUED BY 2ND RESPONDENT DATED 30/10/2020.
EXHIBIT P30	COPY OF BASIC TAX REGISTER IN RESPECT OF THE PROPERTY OF 15TH PETITIONER (THANDAPER 13376 ISSUED BY 2ND RESPONDENT DATED 30/10/2020.
EXHIBIT P31	COPY OF BASIC TAX REGISTER IN RESPECT OF THE PROPERTY OF 14TH PETITIONER (THANDAPER NO.13377) ISSUED BY 2ND RESPONDENT DATED 30/10/2020.
EXHIBIT P32	COPY OF THE BASIC TAX RECEIPT NO.306281 DATED 28/09/2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P33	COPY OF THE BASIC TAX RECEIPT NO.306282 DATED 28/09/2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P34	COPY OF THE BASIC TAX RECEIPT NO.0874245 DATED 31/03/2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P35	COPY OF THE BASIC TAX RECEIPT NO.306283 DATED 28/09/2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P36	COPY OF THE BASIC TAX RECEIPT NO.1062737 DATED 18/04/2006 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P37	COPY OF THE BASIC TAX RECEIPT NO.0874244 DATED 11/03/2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P38	COPY OF THE BASIC TAX RECEIPT NO.106238 DATED 18/04/2006 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P39	COPY OF THE BASIC TAX RECEIPT NO.2626992 DATED 19/07/2005 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P40	COPY OF THE BASIC TAX RECEIPT NO.0555838 DATED 07/10/2009 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P41	COPY OF THE BASIC TAX RECEIPT NO.0121285 DATED 16/03/2002 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P42	COPY OF THE BASIC TAX RECEIPT NO.0420458 DATED 05/11/2008 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P43	COPY OF THE BASIC TAX RECEIPT NO.1422223 DATED 28/05/2004 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P44	COPY OF THE BASIC TAX RECEIPT NO.0966720 DATED 08/02/2006 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P45	COPY OF THE BASIC TAX RECEIPT NO.0062484 DATED 30/07/2009 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P46	COPY OF THE BASIC TAX RECEIPT NO.0161350 DATED 16/05/2002 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P47	COPY OF THE BASIC TAX RECEIPT NO.0555839 DATED 07/10/2009 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P48 EXHIBIT P49	COPY OF THE BASIC TAX RECEIPT NO.0161352 DATED 16/05/2002 ISSUED BY THE 2ND RESPONDENT. COPY OF NOTICE NO.6 S.I.A./I.R.D./2020 DATED 05/10/2020

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WP(C) Nos. 2936 of 2021 & 18368 of 2022 10

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ISSUED BY INSTITUTION OF RURAL DEVELOPMENT, THIRUVANANTHAPURAM. EXHIBIT P50 COPY OF THE ORDER NO.G.O(RT) NO.4208/2017/RD DATED 06/10/2017. EXHIBIT P51 COPY OF NOTIFICATION NO.K.3-216321/019 DATED 20/03/2020. EXHIBIT P52 COPY OF SURVEY SKETCH ISSUED BY DIRECTOR OF SURVEY, THIRUVANANTHAPURAM. EXHIBIT P53 COPY OF SKETCH.

M.Shahul Hameed, v. the Tahsildar

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M.Shahul Hameed, v. the Tahsildar

Case brief

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